Brisbane Assault Charge Lawyers

An assault charge in Brisbane can turn your life upside down. Whether it is a common assault arising from a minor altercation, a serious assault on a public officer, or a charge of grievous bodily harm, the consequences are significant — a criminal conviction, the possibility of imprisonment, and lasting damage to your career and reputation. You need experienced legal representation, and you need it now.

Hannay Criminal Defence’s Brisbane criminal lawyers have successfully defended thousands of clients facing assault charges across Brisbane’s Magistrates Court, District Court, and Supreme Court. We bring strong criminal law expertise and uncompromising dedication to every assault matter we handle. If you’re in hot water, you need Hannay Criminal Defence.

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Types of Assault Charges in Queensland

Assault offences in Queensland are governed by the Criminal Code Act 1899 (Qld) and range from relatively minor charges through to the most serious offences of violence. Understanding what you have been charged with is the first step in mounting an effective defence.

Common Assault (Section 335)

Common assault is the least serious assault offence under Queensland law. Under section 335 of the Criminal Code Act 1899 (Qld), any person who unlawfully assaults another commits an offence carrying a maximum penalty of 3 years imprisonment. Common assault does not require any physical injury — it can be established by the mere application of force without consent, or even by a threat accompanied by the apparent ability to carry it out. Actions as minor as pushing, spitting, or slapping can give rise to a common assault charge.

Assault Occasioning Bodily Harm (Section 339)

Under section 339 of the Criminal Code Act 1899 (Qld), a person who unlawfully assaults another and thereby causes bodily harm faces a maximum penalty of 7 years imprisonment. If the offender was armed with a dangerous or offensive weapon, or was in the company of one or more other persons, the maximum penalty increases to 10 years imprisonment. “Bodily harm” is defined as any injury that interferes with a person’s health or comfort and includes bruising, cuts, and fractures.

Serious Assault (Section 340)

Section 340 of the Criminal Code creates the offence of serious assault, which applies in specific aggravated circumstances. This includes assaults on police officers, public officers, elderly persons, or persons with a disability. The penalties for serious assault vary depending on the circumstances but can be significantly higher than for common assault. Assaulting a police officer performing their duties is treated extremely seriously by Brisbane courts.

Grievous Bodily Harm (Section 320)

Grievous bodily harm (GBH) is one of the most serious assault-related offences in Queensland. Under section 320 of the Criminal Code, unlawfully doing GBH to another person carries a maximum penalty of 14 years imprisonment. “Grievous bodily harm” is defined as the loss of a distinct part or organ of the body, serious disfigurement, or any bodily injury which endangers or is likely to endanger life, or which causes or is likely to cause permanent injury to health.

Wounding (Section 323)

Under section 323 of the Criminal Code, unlawfully wounding another person carries a maximum penalty of 7 years imprisonment. A wound requires a breaking of both layers of the skin — the dermis and the epidermis.

Unlawful Striking Causing Death (Section 314A)

This offence, introduced in 2014, applies where a person unlawfully strikes another person to the head or neck, causing their death. It carries a maximum penalty of life imprisonment. This offence was specifically designed to address “one punch” deaths.

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Penalties for Assault in Brisbane

The actual penalty imposed for an assault offence depends on a range of factors, including the seriousness of the offence, the degree of injury, any use of weapons, whether the offence occurred in a domestic context, whether you were affected by alcohol or drugs, and your prior criminal history. If an assault is committed in a public place while the offender is adversely affected by an intoxicating substance, the court must impose a community service order in addition to any other penalty.

Penalties can include imprisonment, suspended sentences, probation, community service, fines, and compensation orders. A conviction for assault will appear on your criminal record and can affect employment, travel, and professional licensing.

Defences to Assault Charges

The availability and strength of a defence depends entirely on the specific facts of your case. Our Brisbane assault charge lawyers will carefully examine the evidence and advise you on the best strategy. Common defences include:

Self-defence — under sections 271 and 272 of the Criminal Code, a person is not criminally responsible for an act done in self-defence if the act was a reasonable response in the circumstances as the person believed them to be. This is a complete defence that results in an acquittal.

Provocation — under sections 268 and 269 of the Criminal Code, provocation may reduce a charge where the assault was committed in the heat of passion caused by a sudden wrongful act or insult.

Accident — under section 23 of the Criminal Code, a person is not criminally responsible for an event that occurs by accident.

Consent — where the alleged victim consented to the application of force, such as in sporting contexts or consensual physical interactions.

Identification — challenging whether you were in fact the person who committed the assault.

Assault in a Domestic Context

When an assault occurs within a domestic relationship, the charge carries additional consequences including the potential for a domestic violence order (DVO) to be made against you. Read more about how domestic violence orders work and how our Brisbane domestic violence lawyers can assist.

Since the commencement of the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, Queensland courts take an even more serious view of violence within domestic relationships.

Why Choose Hannay Criminal Defence for Assault Charges in Brisbane?

Our experienced criminal law team provides quality legal representation with extensive criminal law experience and uncompromising dedication. We don’t miss a trick. We have made thousands of court appearances for assault matters in Brisbane and understand how to achieve the best possible outcome for our clients.

We provide specialist legal representation for professionals, public servants, police officers, and athletes. An assault charge can be career-ending for people in these roles, which is why getting expert representation early is critical.

We also defend assault charges on the Gold Coast and in Sydney.

Frequently Asked Questions

Can I be charged with assault without touching someone?

Yes. Under Queensland law, assault includes threatening another person with force if the threat is accompanied by the apparent ability to carry it out. You can also be charged with common assault for applying force indirectly — for example, by throwing an object at someone.

What is the difference between common assault and assault occasioning bodily harm?

The key difference is injury. Common assault does not require any physical injury, while assault occasioning bodily harm requires that the victim suffered an injury that interfered with their health or comfort. The penalties reflect this difference — 3 years maximum for common assault compared to 7 years for assault occasioning bodily harm.

Will I get a criminal record for an assault charge?

If you are found guilty or plead guilty, a conviction will generally be recorded unless the court exercises its discretion under the Penalties and Sentences Act 1992 (Qld) to not record a conviction. Our lawyers can advise on whether a non-conviction outcome may be achievable in your circumstances.

What if the other person started the fight?

Self-defence is a recognised defence under Queensland law. If you can establish that your actions were a reasonable response to a threat, you may be acquitted. However, the force used must be proportionate to the threat faced. Provocation is also a potential defence but operates differently — it may reduce the seriousness of the offence rather than result in a complete acquittal.

Contact Our Brisbane Assault Charge Lawyers Today

Best recommendation: talk to us now. Worst thing to do: do nothing.

If you have been charged with assault in Brisbane, do not delay. Acting quickly can make all the difference. Hannay Criminal Defence offers a free initial consultation to assess your matter and advise you on the best course of action.

Call our Brisbane office on (07) 3063 9799 or contact us online to speak with an experienced assault charge lawyer.

Our Brisbane office is located at 388 Brunswick St, Fortitude Valley 4006.

This information is general in nature and does not constitute legal advice. Your circumstances are unique, and you should seek tailored legal advice from an experienced criminal lawyer. Contact Hannay Criminal Defence for advice specific to your situation.